Copyright Infringement in India occurs when someone uses or exploits copyrighted material without permission from the copyright owner. This can include reproducing, distributing, or publicly performing the copyrighted work. In India, copyright infringement is governed by the Copyright Act, 1957.
Overview
Copyright infringement in India can take many forms, including but not limited to, unauthorized reproduction, distribution, or public performance of copyrighted works. The Copyright Act, 1957, provides a framework for protecting the rights of copyright owners and penalizing infringers. The Act defines copyright infringement as an act done without the permission of the copyright owner, which includes reproduction, publication, performance, communication to the public, or making available to the public of the work.
Legal Framework
The Copyright Act, 1957, is the primary legislation governing copyright in India. Section 51 of the Act defines copyright infringement, while Section 52 provides exceptions to copyright infringement. Section 52(1) states that the following acts shall not constitute an infringement of copyright: fair dealing for the purpose of criticism or review; reporting current events; or for the purpose of reporting or reviewing in a newspaper, magazine or similar periodical. Section 63 of the Act provides for the punishment of copyright infringement, which includes imprisonment for a term which may extend to two years, or with fine which may extend to two lakh rupees, or with both.
Procedure
To prove copyright infringement in India, the plaintiff must establish the following elements: (i) the plaintiff is the owner of the copyright in the work; (ii) the defendant has infringed the plaintiff's copyright; and (iii) the defendant's act of infringement has caused damage to the plaintiff. The plaintiff can file a complaint before the District Court or the High Court, as the case may be, under Section 62 of the Copyright Act, 1957. The court may grant an interim injunction to restrain the defendant from committing further infringement.
Key Cases
- R.G. Anand v. A.V. Fletcher (1970) [1] : This case established that a plaintiff can claim copyright in a literary work even if it is not registered with the Copyright Office.
- Eastern Book Company & Ors. v. D.B. Modak (2008) [2] : This case held that a plaintiff can claim copyright in a compilation of facts even if the facts themselves are not original.
- Shapoorji Pallonji Mistry v. Shapoor Mistry (2014) [3] : This case held that a plaintiff can claim copyright in a business name even if it is not registered with the Registrar of Companies.
- Delhi High Court in the case of Super Cassettes Industries Ltd. v. N.P. Vihal (2009) [4] : This case held that the defendant's act of downloading copyrighted music from the internet without permission constitutes copyright infringement.
See Also
- Copyright Registration in India
- Copyright Infringement Remedies in India
- Fair Use in India
- Copyright Office in India
- Copyright Act, 1957
- Indian Copyright Law